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STANDARD FORM NO. 64 Office Memorandum UNITED STATES GOVERNMENT TO : DATE: 12/7/51. FROM : questions profounded to mill SUBJECT: by give hamigan b.t. 1. Is the following set of circumstances a criminal fraud? One man says to another "I have influence in the Federal Government and know how to bribe officials. If you will give me your Power of Attorney to make contracts with the Government I will see to it that government equipment which you want to buy is released". The other person is convinced that this is true and he gives the fist man the Power of Attorney to make a contract with the Government and the first man takes the Power of Attorney which makes him the agent of a foreign government and goes forward with his plan. He does not actually get any money but he goes forward with the prospect of obtaining money. Neither man is a Government employee but the man who says he can get the material says that the only way he can do so it by bribing various government officials. 2. Now then the man who says he can obtain the material through bribery also offers to bribe the man who gives him the Power of Attorney. He puts the situation to him in this manner: When I get this material for you I will buy it at a very low price but we will then sell it to your government at a very high price and I will split the profit with you 50-50. He wrote all of this out on a piece of paper -- showing the amount he would pay, the price they would sell it and the amount of money that would remain to be evenly split between the two of them. "NATIONAL ARCHIVES AND